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October 3, 2017

Fasano wants legal opinion on Malloy's executive order prior to override vote

PHOTO | Contributed Republican Senate Leader Len Fasano

Republicans are pushing Attorney General George Jepsen to issue an opinion on the legality of Gov. Dannel P. Malloy’s executive order today in advance of an expected vote on lawmakers’ move to override Malloy’s budget veto.

Senate Republican President Pro Tem Len Fasano (R-North Haven) first issued the request for a legal opinion on Aug. 18. On Tuesday, he said he wrote a letter Monday again to Jepsen urging action.

The state House of Representatives is scheduled to convene in a special session at noon.

“Since the governor has now vetoed the legislature’s budget, it is imperative that lawmakers know whether or not his executive order is in fact legal, or if these changes violate statutory mandates, which would require legislative approval,” Fasano wrote. “I believe it is extremely important that you respond to this outstanding request prior to a veto override session taking place so lawmakers have all the relevant information prior to deciding whether to allow the governor’s veto to stand, which will lead to his executive order remaining in effect.”

The elements of the executive order that Fasano contends may not fall under Malloy’s authority include: unilaterally reducing grants for state aid for special education; withholding funding mandated by the Municipal Revenue Sharing Program without legislative approval; and using an executive order to adjust the motor vehicle mill rate tax cap.

The attorney general did not immediately respond to a request for comment or a copy of a legal opinion.

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